Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable license to use (in the case of the on premise version of OpsHub Integration Manager (“OIM”)) or subscription to use and access (in the case of the customer cloud version of OIM) OIM for the number of Users identified in an Order Form only on systems owned or operated by Customer or systems operated on Customer’s behalf. OIM may be used only by Rally Service/Rally Software Customers, and only in connection with Customer’s use of the Rally Service/Rally Software.
OIM is licensed to Rally by a third party for resale to Customer and may not be available beyond Customer’s current Rally Service/Rally Software subscription/license term. Customer’s license to use OIM will terminate upon termination or expiration of Customer’s subscription/license to the Rally Service/Rally Software. Rally will make periodic OIM updates available to Customer via the Rally support portal. Customer will use commercially reasonable efforts to timely install and use the most current version of OIM.
Rally warrants that for a period of sixty (60) days from the date Rally makes OIM available to Customer (the “OIM Warranty Period”): (i) OIM, as updated and used in accordance with the Documentation, will substantially conform to the Documentation; and (ii) the media containing OIM will be free from defects in materials and workmanship. Rally does not warrant that Customer’s use of OIM will be error-free or uninterrupted. Rally will, at its own expense and as its sole obligation and Customer’s exclusive remedy for any breach of this warranty, correct any reproducible error in OIM reported to Rally by Customer in writing during the OIM Warranty Period. OIM is not subject to any support service level(s) or service level agreement(s) between Rally and Customer. To the extent that there are any conflicts between these Additional Terms and the terms and conditions of the subscription or license agreement between Customer and Rally, these Additional Terms shall control for purposes of OIM and these Additional Terms only.